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EA 1996 s19 & what is suitable
Autistic, demand-avoidant Child with EBSNA and autistic burnout not able to attend school for mental health reasons. After 7 weeks of asking the Council for alternative education, school offered a tutor to visit at home. Refused by us (parents) as not suitable (child very protective of ‘safe space’ at home & needed to be offered something they could engage with). A PAP letter was sent from our solicitor to the Council and the response was that an allocated place was available (at the school he was unable to attend) and therefore the Council were not in breach of s19. EHCP was issued the day after this, naming the same school (who say can’t meet his needs) in Section I, and we are appealing.
Was it unreasonable of us to refuse the home tutor, and has the Council discharged its duty with any offer of education? -
Do we have discretion in choosing secondary place for child with EHCP?
We are about to give a list of schools for local authority to consult for our ASD/ADHD daughter with EHCP. A number of specialist Austistic schools have told us she wouldn't be suitable as she has a PDA profile. We feel mainstream ARP provision would be overwhelming and current trend towards school refusal would continue/deteriorate; there are in any case hardly any places available locally. LA have said if we get no offers from anywhere then she will just be placed in mainstream. What are the options when/if this process hits a dead end?
Patrick Clifton
10 Oct 2023